Texas Health and Safety Code

§ 42.0045 — DISTRIBUTION OF DRUGS AND DEVICES

HS § 42.0045Title 2. HEALTH · Part B. HEALTH PROGRAMS · Ch. 42. KIDNEY HEALTH CARE

Statute text

(a)Sections 483.041(a) and 483.042 of this code, Subtitle J, Title 3, Occupations Code, and other applicable laws establishing prohibitions do not apply to a dialysate, device, or drug exclusively used or necessary to perform dialysis that a physician prescribes or orders for administration or delivery to a person with end stage renal disease if:

(1)the dialysate, device, or drug is lawfully held by a manufacturer or wholesaler licensed by the department;

(2)the manufacturer or wholesaler delivers the dialysate, device, or drug to:

(A)a person with end stage renal disease for self-administration at the person's home or a specified address, as ordered by a physician; or

(B)a physician for administration or delivery to a person with end stage renal disease; and

(3)the manufacturer or wholesaler has sufficient and qualified supervision to adequately protect the public health.

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Legislative history

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0144, eff. April 2, 2015.